Australian Securities and Investments Commission v Valvo [2023] FCA 895

Australian Securities and Investments Commission v Valvo [2023] FCA 895

Suppression and non-publication orders were granted only where necessary to protect limited personal information and material that could compromise the integrity of ASIC's ongoing investigation, especially transcript material from ASIC's examination of Mr Valvo, and only for a limited period as justified by the parties, balancing the principles of open justice with preventing prejudice to the proper administration of justice.

Jurisdiction
Australia
Judgment Date
02 August 2023
Procedural Posture
Application for Suppression/non Publication Orders; Asset Preservation / Post Ex Parte Interim Relief; Inter Partes Hearing on Access and Suppression Orders
Outcome
Suppression and non-publication orders granted in part, for limited period or until further order; access request by journalist granted in relation to non-suppressed material.
Legal Topics
['suppression Orders' 'open Justice' 'non Party Access' 'asset Preservation' 'confidentiality Orders']
['practice and Procedure' 'commercial Law' 'corporations Law'] ['suppression Orders' 'open Justice' 'non Party Access' 'asset Preservation' 'confidentiality Orders']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Suppression/non Publication Orders; Asset Preservation / Post Ex Parte Interim Relief; Inter Partes Hearing on Access and Suppression Orders

Legal Issues

  1. 1 ['Whether suppression/non-publication orders should be made pursuant to s 37AF of the Federal Court of Australia Act 1976 (Cth) on the grounds in s 37AG(1)(a); balancing open justice and necessity for suppression; access by a journalist to affidavit and originating process']

Ratio Decidendi

Suppression and non-publication orders were granted only where necessary to protect limited personal information and material that could compromise the integrity of ASIC's ongoing investigation, especially transcript material from ASIC's examination of Mr Valvo, and only for a limited period as justified by the parties, balancing the principles of open justice with preventing prejudice to the proper administration of justice.

Court Disposition

Suppression and non-publication orders granted in part, for limited period or until further order; access request by journalist granted in relation to non-suppressed material.

Orders

  • ['Previous suppression/confidentiality orders vacated and replaced with new, limited suppression orders.' "Parts of Ms Seymour's affidavit (as detailed) suppressed until further order; other parts suppressed until 26 September 2023 as specified." 'ASIC required to provide affidavit supporting necessity of eight-week...